At approximately 9:30 a.m. on July 16, 2008, plaintiff Nora LoBianco, a hairdresser, was driving west on Loynes Drive when she entered the intersection with Studebaker Road in Long Beach and was broadsided by a vehicle operated by Judith Mednick, who was traveling on Studebaker Road. Both vehicles were totaled in the accident, and LoBianco claimed to her lower back as a result of the collision. LoBianco sued Judith Mednick and the owner of the vehicle, William Mednick. She alleged that Mrs. Mednick was negligent in the operation of her vehicle and that her husband was vicariously liable for her actions. LoBianco contended that Mrs. Mednick failed to yield to oncoming traffic at the intersection in question, as she was speeding and driving inattentively. The defendants admitted liability, and the matter proceeded to a trial on damages., LoBianco was taken from the scene of the accident by ambulance and presented to an emergency room, where she was treated for lower back strains and released. She then followed up with her family doctor and complained of lower back pain that radiated down to her legs. Four months later, LoBianco complained of pain from head to toe, and began a course of physical therapy and epidural injections. When conservative treatment did not improve her condition, LoBianco was referred to an orthopedic surgeon who performed an MRI that revealed a bulging lumbar disc at the L4-5 level. As a result, LoBianco underwent a two-level lumbar fusion at L4-5 and L5-S1 in December 2011. LoBianco claimed that she originally missed three years of work recovering from her and that she is still limited in all activities, as well as her ability to work. Thus, she sought recovery of $310,000 in damages for her past medical costs and $250,000 in damages for her past and future pain and suffering. Defense counsel argued that LoBianco’s were limited to soft-tissue strains, which resolved within a month. Counsel further argued that the plaintiff’s attorney directed treatment and surgery that were unrelated to the accident and unnecessary.
